SUBHASH CHAND Vs. STATE OF H. P.

JUDGEMENT

(1.) The instant appeal filed under Sec. 374 (2) of the Code of Criminal Procedure, lays challenge to judgment of conviction dtd. 31/8/2019 and order of sentence dtd. 23/9/2019, passed by the learned Special Judge, Kangra at Dharamshala, in R.B.T No.57-B/VII/19/2016, titled State of Himachal Pradesh Versus Subhash Chand alias Bhashu, whereby the appellant/accused was convicted for commission of the offence under Sec. 9(m) punishable under Sec. 6 of the Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as 'the Act') and Sec. 506 of the Indian Penal Code (for short, 'IPC') and sentenced him to undergo rigorous imprisonment for 10 years and to pay a fine of Rs.50,000.00 (rupees fifty thousand only) and in default of payment of fine, he shall further undergo rigorous imprisonment for a period of one year for commission of the offence under Sec. 6 of the Act and he was further sentenced to undergo imprisonment for six months under Sec. 506 of IPC.

(2.) Briefly stated the facts of the case are that on 14/7/2016, on receipt of a telephonic information from the complainant (name withheld) at Police Station Baijnath, regarding committing of rape of her daughter by the accused, Inspector/SHO Kamal Kant, the Investigating Officer, alongwith other police officials went to village (name withheld) and at the spot, he recorded the statement of the complainant, wherein she had stated that on 14/7/2016 at about 8: 00 a.m., when she left for work in the nearby area, her youngest daughter i.e. child victim was alone in the house as her other two daughters had gone to Barot to the house of her parents and when she returned home in the evening at about 6:15 p.m., the child victim told her that in the morning after she (complainant) left the house, while she was sitting on the entrance (Deodi) of the house, the accused came there, dragged her inside to the room of the house and committed wrongful act with her and thereafter threatened to kill her if she disclosed the incident to anyone.

(3.) On the basis of the statement of the complainant, FIR No.96, dtd. 14/7/2016, was registered against the accused at Police Station Baijnath, District Kangra, H.P., under Sec. 4 of the Act and Ss. 376 and 506 of IPC.